Criminal Procedure Code, 1973, Section 173(2), 156(3) -- Final report - Finding of allegations in private complaint false - Held, it is not incumbent upon IO or Officer laying final closure report to file a complaint against de facto complainant for giving false evidence and misusing their official position as public servants...........
Criminal Procedure Code, 1973, Section 173, 190(c), 200 -- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge sheet...........
Criminal Procedure Code, 1973, Section 173, 190, 202, 203 -- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even in this..........
Criminal Procedure Code, 1973, Section 190, 173 -- Closure report by police - Magistrate is not bound by the opinion of investigating officer and he is competent to exercise his discretion irrespective of the views expressed by Police in its report and may prima facie find out whether an offence has been made out or not...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 173 -- Submission of final report - Closure report - Protest petition - Right of complainant - Held, complainant is within in his rights to not only oppose prayer for closure of investigation case but also has to file a protest petition insisting cognizance of offence be taken against accused - Complainant cannot..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 173, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Trap witness and another independent witness not supporting prosecution - CBI submitted closure report after six years investigation - Special Judge directed CBI to re-investigate - Order set aside as there was no allegation that investigation..........
Criminal Procedure Code, 1973, Section 169, 173, 200 -- Final report submitted - Where investigating agency recommends for closure of case on account of insufficiency of evidence or offence not having been made out, Magistrate is required to not only give reasons for not agreeing with report but also to refer to evidence and material on which he proposes to take..........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(e), Criminal Procedure Code, 1973, Section 173(2) -- Possession of assets disproportionate to known sources of income - Investigation by CBI - Allegation not made out - Submitted report u/s 173(2) Cr.P.C. praying for closure of case - Special Court as well as the High Court were patently wrong in observing that the..........
Criminal Procedure Code, 1973, Section 173(2) -- CBI filing final report under section 173 Cr.P.C. before Magistrate seeking closure of case - Notice not issued to informant i.e. UPSC - Held that as per law laid down in Bhagwant Singh's case, the issuance of a notice by Magistrate to the informant at the time of consideration of the final report is a must..........
